Then Ombudsman Central Visayas Director Virginia Santiago with representatives from the Department of Environment and Natural Resources (DENR) inspect and survey the controversial Balili property in Naga City, Cebu. | CDN file photo
CEBU CITY, Philippines — The Cebu Provincial Board has authorized Governor Gwendolyn Garcia to pay the P6.8 million collectible of a construction and construction supply firm for the delivery of the backfill materials used in the development of the controversial Balili property in Barangay Tinaan, Naga City.
On Monday, August 24, 2020, the PB unanimously passed the resolution authored by second district Board Member Edsel Galeos, which authorized Garcia to pay Supreme ABF Construction and Construction Supply Company, Inc., P6,881,440.14 for the latter’s delivery of 27,663 cubic meter of filling material “for the land development project” during Garcia’s earlier stint as governor.
Galeos said that despite the controversies and “unfavorable circumstances” that hounded the procurement process of the project, the supply and delivery of filling materials were fully satisfied by Supreme ABF.
However, the Capitol, for its part, has not paid the P6.8 million balance for the backfill materials.
READ: Balili land backfilling has ‘bloated’ cost, no authority
READ: Payment for backfill job in Balili canceled
Upon the expiry of Garcia’s previous term in 2013, the Provincial Legal Office recommended against the payment of the Supreme ABF’s collectibles as the project was still under litigation.
During the discussion, Galeos said the payment of the amount due to Supreme ABF is based on the Quantum Meruit Doctrine which provides for the payment for services rendered to the local government unit (LGU).
“The subject resolution basically provides authority to the provincial governor to settle the outstanding amount for the valuable services rendered by Supreme ABF to the province of Cebu,” Galeos said.
In his resolution, Galeos added that the continuous nonpayment of the provincial government for the service that Supreme ABF rendered constitutes unjust enrichment on the part of the provincial government and at the expense of the contractor.
“It would be just, fair, and prudent for any administration to effect payment for the services rendered to the provincial government by the contracting parties,” the resolution reads.
Vice Governor Hilario Davide III, who was among those who sued for the alleged irregularity of the backfilling, was not present during the session./dbs